FIR Against NewsClick: 'Paid News', 'False Narrative' On Government Find Mention As Grounds For Invoking Terror Charges

The Delhi Police Special Cell in its FIR has alleged that NewsClick conspired to “disrupt supplies and services essential to the life of community in India and abet damage and destruction of property by protraction of farmers’ protest…” The FIR also claims that “big Chinese telecom companies like Xiaomi, Vivo” purportedly “incorporated thousands of shell companies in India” – and that one “Gautam Bhatia” is a “key person” in the matter. However, police have not divulged further details about Bhatia.

In pursuant with Delhi High Court's orders, NewsClick founder Prabir Purkayastha was supplied with a copy of the FIR registered by the Delhi Police Special Cell only on Thursday night. The news portal moved the court seeking quashing of the FIR as well as release of Prabir Purkayastha and Amit Chakraborty from police custody. 

'Paid news, Criticial reportage'

The FIR uses the phrase 'disrupt supplies and services' which finds mention in Section 15(1)(a)(iii) of the UAPA. 'Disruption' has been defined as being caused by "using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological, radioactive, nuclear or otherwise) of a hazardous nature…”

The charges invoked in the FIR are Section 13 (punishment for unlawful activities), 16 (punishment for terrorist act), 17 (raising funds for terrorism), 18 (punishment for conspiracy) and 22C (Punishment for offences by companies, societies or trusts) of UAPA. 

The grounds for invoking these terror charges are firstly, the “secret inputs” exchanged on emails that reveal the “intent to show Kashmir and Arunachal Pradesh as not part of India”. Secondly, it alleged that the accused conspired to “disrupt supplies and services essential to the life of community in India and abet damage and destruction of property by protraction of farmers’ protest…” Thirdly, routing funds “from China in circuitous and camouflaged manner” for “paid news” that “intentionally peddled criticising domestic policies, development projects of India and promoting, projecting and defending policies and programmes of Chinese government.”

The FIR also alleged that a false narrative was propagated to discredit the efforts of the Indian government to contain Covid-19 pandemic. “Moreover, they have acted against the national interest by promoting a misleading and false narrative about the domestic pharmaceutical industry and the policies and development initiatives of the democratically elected Indian government in cohorts with the anti-national forces,” the FIR states.

The Delhi Police's Special Cell on Friday questioned at least eight journalists and contributors to the NewsClick for a second time in a week. On Thursday, it questioned journalists Urmilesh and Abhisar Sharma and some others for a second time. On Friday, senior journalist Paranjoy Guha Thakurta, who was among those questioned on Tuesday, was also called for questioning for a second time. 

Reacting to the FIR which carries his name among the accused, Guha Thakurta said, "I find these allegations far-fetched and ludicrous. My name is mentioned in the FIR as I also got the money but my bank account can be checked by Income Tax (department) or any agency. How being critical of the government become anti-national? I am a proud Indian."